NA528/8591/2026 of ANUBHAV MISHRA Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8591 of 2026 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Brij Bhushan Upadhyay, learned counsel for the applicant, Sri Amit Kumar Malviya, learned counsel for the opposite party no. 2, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. The present application under Sections 528 BNSS has been filed by the applicant Anubhav Mishra  with the prayer to allow the present application and set aside the cognizance/summoning order dated 19.07.2024 as well as the charge sheet No. 254/2023 dated 19.08.2023 along with entire proceedings in Case Crime No. 214 of 2023, under Sections 323, 504, 506 I.P.C. and section 3(1)(da) (dha) and 3(2)(va) S.C./S.T. Act, P.S.- Malpura, District Agra on the basis of compromise done between the parties and with a further prayer to stay the further proceedings of the said case. 4. Perused the order dated 22.04.2026 by this Court. 5. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 26.02.2026 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 21.04.2026 verified the said compromise, copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. 6. Learned counsel for the State has no objection to the said proposition. 7. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : Versus Counsel for Applicant(s) : Brij Bhushan Upadhyay Counsel for Opposite Party(s) : Amit Kumar Malviya, G.A. Anubhav Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 8. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s). 9. The present application is allowed. 10. The entire proceeding, cognizance/summoning order dated 19.07.2024 as well as the charge sheet No. 254/2023 dated 19.08.2023 of the aforesaid case are hereby quashed. May 6, 2026 M. ARIF NA528 No. 8591 of 2026 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad